46
or written, which is false in any material particular and which he knows or reasonably ought to know is false in such particular,
shall be guilty of an offence and shall be liable on conviction to a fine of twenty-five thousand dollars and to imprisonment for two years.
(2) Any person who-
(a)
is a member of any management committee which con- travenes subsection (1) of section 38, or section 40; (6) not being the supervisor of a school or a member of the management committee of a school acting under section 40. performs any function of the supervisor of the school; (c) not being the principal of a school, performs any function
of the principal of the school; or
(d) contravenes subsection (1) or (2) of section 72, shall be guilty of an offence and shall be liable on conviction to a fine of ten thousand dollars and to imprisonment for two years.
(3) Any person who-
(a) is an owner or manager of a school which is operated in
any name other than its registered name;
(b) contravenes subsection (2) or (3) of section 18;
(c) contravenes subsection (2) of section 19;
(d) contravenes subsection (2) or (3) of section 39;
(e) contravenes subsection (1) or (2) of section 42;
(f) employs or permits any person to teach in a school in
contravention of subsection (1) or (2) of section 42;
(g) is a member of a management committee which con- travenes subsection (I) of section 33 or subsection (1) of section 57:
(4) teaches in a school while his registration as a teacher
is suspended under subsection (3) of section 69;
(0) being a permitted teacher, teaches in a school while the permit to teach issued in respect of him is suspended under subsection (3) of section 69;
( employs or permits any registered teacher whose registra- tion is suspended under subsection (3) of section 69 to teach in a school:
(k) employs or permits any permitted teacher to teach in a school while the permit to teach issued in respect of such teacher is suspended under subsection (3) of section 69;
(b) contravenes section 71:
(m) contravenes section 86; or
47
(M) is an owner or a manager of a school which contravenes
section 86,
shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for two years.
(4) If a registered manager of a school is charged with an offence by reason of being a member of a management committee which has contravened a provision of this Ordinance specified in paragraph (a) of subsection (2) or in paragraph (g) of subsection (3), it shall be a defence to the charge if he proves that-
(a) the other members of the management committes con- travened such provision without his knowledge or con- sent; or
(b) he took all reasonable steps to prevent the other members of the management committee from contravening such provision.
88. lo any prosecution for an offence against this
Ordinance-
(a) if it is proved that any equipment, materials or documents of an educational nature or suitable for the purposes of a school were found at any place, it shall be presumed until the contrary is proved that a school was being operated at such place;
(b) if it is proved that any person did any act in connexion with the organization or operation of a school, it shall be presumed until the contrary is proved that such person took part in the management of such school; and
(c) it it is proved that any person was in charge of or issued instructions to any person under twenty-one years of age in any school premises, it shall be presumed until the contrary is proved that the first-mentioned person was teaching in that school.
89. (1) A magistrate may, if satisfied that-
(a) a school which is not registered or provisionally register-
ed is being operated in any premises; or
(b) a school is being operated in any premises which are not specified in the certificate of registration or provisional registration of the school,
order that a notice in writing of the fact shall be served on the landlord and the tenant of the premises or, if the landlord or
Evidence.
Liability of landlord and tenant of premises in which school is unlawfully operated,